Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, 第 54 巻H.O. Houghton and Company, 1866 |
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action administrator aforesaid alleged exceptions appear assignment assumpsit attorn attorney authority bond Braintree cited claim commissioners common law common pleas Commonwealth contract conveyed court of common creditor damages debt debtor decease declaration deed defendant defendant's devise dollars equity evidence execution executor facts fee simple filed give given grant Greenl held highway indictment indorsed Inhabitants insolvent interest judge judgment jurisdiction jurors jury justice land lease Lechmere Point liable lien Mass mill mortgage nonsuit notice objection opinion overruled parish Parker party payment person petitioner Pick plaintiff possession prove provision purchase purpose question rail road corporation real estate recover rent replevin rule rule in Shelley's SHAW Silas Blood statute statute of frauds suit sureties tenant term thereof tiff tion town trespass trial trover trustees verdict Wareham warrant West Cambridge Western Rail Road wife Wilmarth witness words writ
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69 ページ - All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law...
155 ページ - The case was submitted to the court upon the following agreed statement of facts : " The plaintiffs are the lessees of said mill, dam and privileges, as alleged in their declaration.
303 ページ - No mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage be recorded by the clerk of the town where the mortgagor resides.
48 ページ - Still, if the other party have derived any benefit from his labour, it would be 'unjust to allow him to retain that without paying anything. The law, therefore, implies a promise on his part to pay such a remuneration as the benefit conferred upon him is reasonably worth, and, to recover that quantum of remuneration, an action of indebitatus assumpsit is maintainable.
384 ページ - ... agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
68 ページ - But here a very natural, and very material, question arises: how are these customs or maxims to be known, and by whom is their validity to be determined? The answer is, by the judges in the several courts of justice. They are the depositaries of the laws; . the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the law of the land.
34 ページ - ... who shall hold their office for one year and until others are chosen in their places.
102 ページ - In damages to the extent of such injury to the person or corporation so injured; and any railroad corporation shall have an insurable interest in the property for which it may be so held responsible in damages along its route, and may procure insurance thereon in its own behalf.
73 ページ - The answer is, by the judges in the several courts of justice. They are the depositaries of the laws; the living oracles, who must decide in all cases of doubt, and who are bound by an oath to decide according to the law of the land. Their knowledge of that law is derived from experience and study . . . and from being long personally accustomed to the judicial decisions of their predecessors.
31 ページ - ... done by him, he has no title to the same; and that, such act being done, and the possession thus acquired, the executory agreement of the debtor authorizing it, it will then become holden by virtue of a valid lien or pledge.